2011-Nov 18: Deferral of a residence application involving a partner

Visa Pak 43- Information about consistent approach when deferring a residence application involving a partner inline with Instruction reference WF2.20

Visa Paks

18 November 2011

Deferral of a residence application involving a partner

An immigration adviser asked about best practice when dealing with the deferred residence application of a partner to the PA of a residence application under SMC. The couple haven’t lived together for 12 months or more and the partner needs to remain lawful until residence is granted. The adviser has claimed that there is an inconsistent approach among branches.

Advice
The relevant instruction is WF2.20 Non-principal applicants’ partners included in residence applications under Government Residence instructions whose grant of residence has been deferred. Provided the PA is granted a residence class visa, the secondary applicant partner needs to apply for a work visa and pay the fee. Once the qualifying period is satisfied the partner’s residence application can be finalised.